40
126
Constitution Art. 75 par. 17, and Art. 15, ILO Convention 169).”
The petitioners’ representatives
127
provided copies of several photos depicting heavy machinery carrying out works on a road.
139.
The Provincial Government of Salta responded to these last claims through a
communication sent on February 21, 2005, to the Ministry of Foreign Affairs, and copied to the IACHR
Executive Secretariat, wherein it explained that Provincial Route No. 54 was not a new road, but one
being improved to avoid flooding, for which the adjacent communities had been consulted. The works
were deemed necessary to maintain the continuous access of the communities to health and education
services. Moreover, the General Transit Directorate had been instructed “to limit its works to the levels of
elementary conservation and maintenance of the Route, and to abstain from carrying out works that affect
128
the surrounding plant cover.”
Deforestation of the area
140.
According to the evidence submitted, deforestation activities were being carried out in the
ancestral territory of the indigenous communities, in express violation of the prohibition established in
Decree 2609 of 1991 of the Provincial Government.
141.
The purpose of the deforestation was to provide firewood for the brick factories that were
to supply the demand caused by the public works undertaken by the Provincial Government. The
petitioners submitted the testimony of Anthropologist Morita Carrasco, 129 as well as of pictures of an
artisanal brick production, and of some piles of wooden posts.
142.
On August 5, 2002, during a working meeting held in Salta, the President of the National
Institute of Indigenous Affairs gave the IACHR representatives a copy of a report on the “Environmental
Deterioration of Fiscal Lots 55 and 14 of the Salta Chaco”, conducted in May 2001 under the direction of
the National Parks Administration. After detailed observations, this study concludes: “Environmental
deterioration has been very large, and persists. The main agent is cattle-raising, with continuous
overgrazing, and in second place ‘mining’ forest extraction. These activities were promoted by the
National State and the Provincial State. Therefore the aboriginal claim to reparation of this historical
damage by such authorities is pertinent.”
143.
On February 8, 2005, the petitioners reported that the logging and deforestation of the
area continued. The Provincial Government of Salta responded to these claims in a communication sent
on February 21, 2005 to the Ministry of Foreign Affairs, and copied to the Executive Secretariat of the
IACHR, in which it explained that an agreement with the National Police was ready for signature, for the
126
Communication by the petitioners received on February 8, 2005, and transmitted to the State by the IACHR on
February 16, 2005.
127
Communication by the petitioners received on February 8, 2005, and transmitted to the State by the IACHR on
February 16, 2005.
128
Communication by the Secretary General of the Governor’s Office of the Province of Salta to the Ministry of Foreign
Affairs, February 21, 2005, copied to the IACHR.
129
”’The bricks for the Police post works come from a clearing owned by Mr. Loche in the same area of Misión La Paz. All
of the works for the Border Post, Morillos and even the Paraguay band come from here. And the firewood is extracted from the
same area, everything is now being cleared. Some boys go there to work and we see the machinery and that brick factory.
Sometimes two batches of 50.000 bricks are burnt twice a week. We have calculated: every 1000 bricks require 10 cubic meters of
wood, for 3 days. Each burning is the equivalent of 1 km of wood. And this is done twice a week”. // Another person added: ‘In my
area (Km. 1) the same is happening, they go with chainsaws and devastate everything, cutting even the smaller trees’. (…) After this
meeting, in the month of April Anthropologist Morita Carrasco, as may be read in her testimonial declaration, made a visit to Fiscal
Lot 55 in the Department of Rivadavia of the Province of Salta to carry out a photographic survey of the destruction of the
environment, and she was able to confirm the foregoing testimonies, taking pictures of the brick factory, the devastated areas of the
forest, and piles of wood that are legally protected such as palo santo, and others such as palo Amarillo which are to be used to
build river defenses (…).” Communication by the petitioners received on September 25, 2000, and transmitted to the State by the
IACHR on September 25, 2000.